Public Act 096-1064
 
SB3249 EnrolledLRB096 20466 JAM 36121 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 






 
    Section 5. The State Finance Act is amended  by adding 
Section 45 as follows:
 
    (30 ILCS 105/45 new)
    Sec. 45. Award of capital funds.  Each award by grant or 
loan of State funds of $250,000 or more for capital 
construction costs or professional services is conditioned 
upon the recipient's written certification that the recipient 
shall comply with the business enterprise program practices for 
minority-owned businesses, female-owned businesses, and 
businesses owned by persons with disabilities of the Business 
Enterprise for Minorities, Females, and Persons with 
Disabilities Act (30 ILCS 575/) and the equal employment 
practices of Section 2-105 of the Illinois Human Rights Act 
(775 ILCS 5/2-105).  This Section, however, does not apply to 
any grant or loan (i) for which a grant or loan agreement was 
executed before the effective date of this amendatory Act of 
the 96th General Assembly, (ii) for which prior-incurred costs 
are being reimbursed, or (iii) for a federally funded program 
under which the requirement of this Section would contravene 
federal law. Each recipient shall submit the written 
certification and business enterprise program plan for 
minority-owned businesses, female-owned businesses, and 
businesses owned by persons with disabilities before signing 
the relevant grant or loan agreement. Each grant or loan 
agreement shall include a provision that the grant or loan 
recipient agrees to comply with the provisions of the Business 
Enterprise for Minorities, Females, and Persons with 
Disabilities Act (30 ILCS 575/) and the equal employment 
practices of Section 2-105 of the Illinois Human Rights Act 
(775 ILCS 5/2-105).
    Each business enterprise program plan shall apply only to 
the State-funded portion of the relevant capital project and 
must be in compliance with all certification and other 
requirements of the Business Enterprise for Minorities, 
Females, and Persons with Disabilities Act.
 
    Section 10. The Business Enterprise for Minorities, 
Females, and Persons with
Disabilities Act is amended  by 
changing Section 7 as follows:
 
    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 7. Exemptions and waivers; publication of data. 
    (1) Individual contract exemptions.
The Council, on its own 
initiative or at the request of the affected agency,
or 
university, or recipient of a grant or loan of State funds of 
$250,000 or more complying with Section 45 of the State Finance 
Act, may permit an individual contract or contract package,

(related contracts being bid or awarded simultaneously for the 
same project
or improvements) be made wholly or partially 
exempt from State contracting
goals for businesses owned by

minorities, females, and persons with disabilities prior to the 
advertisement
for bids or solicitation of proposals whenever 
there has been a
determination, reduced to writing and based on 
the best information
available at the time of the 
determination, that there is an insufficient
number of 
businesses owned by minorities,
females, and persons with 
disabilities to ensure adequate
competition and an expectation 
of reasonable prices on bids or proposals
solicited for the 
individual contract or contract package in question.
    (2) Class exemptions.  (a) Creation.  The Council, on its own 
initiative
or at the request of the affected agency or 
university, may permit an entire
class of
contracts be made 
exempt from State
contracting goals for businesses owned by 
minorities, females, and persons
with disabilities whenever 
there has been a determination, reduced to
writing and based on 
the best information available at the time of the

determination, that there is an insufficient number of 
qualified businesses owned by minorities, females, and persons 
with
disabilities to ensure adequate competition and an

expectation of reasonable prices on bids or proposals within 
that class.
    (b) Limitation.  Any such class exemption shall not be 
permitted for a
period of more than one year at a time.
    (3) Waivers.  Where a particular contract requires a 
contractor to meet
a goal established pursuant to this Act, the 
contractor shall have the right
to request a waiver from such 
requirements.  The Council shall grant the
waiver where the 
contractor demonstrates that there has been made a good
faith 
effort to comply with the goals for
participation by businesses 
owned by minorities, females, and persons with
disabilities.
    (4) Conflict with other laws.  In the event that any State 
contract, which
otherwise would be subject to the provisions of 
this Act, is or becomes
subject to federal laws or regulations 
which conflict with the provisions
of this Act or actions of 
the State taken pursuant hereto, the provisions
of the federal 
laws or regulations shall apply and the contract shall be

interpreted and enforced accordingly.
    (5) Each chief procurement officer, as defined in the 
Illinois Procurement Code, shall maintain on his or her 
official Internet website a database of waivers granted under 
this Section with respect to contracts under his or her 
jurisdiction.  The database, which shall be updated 
periodically as necessary, shall be searchable by contractor 
name and by contracting State agency.
    Each public notice required by law of the award of a State 
contract shall include for each bid submitted for that contract 
the following: (i) the bidder's name, (ii) the bid amount, 
(iii) the bid's percentage of disadvantaged business 
utilization plan, and (iv) the bid's percentage of business 
enterprise program utilization plan. 
(Source: P.A. 88-597, eff. 8-28-94.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.